Aetna Casualty & Surety Company v. Malcom

Underwood, Judge.

A party insured by Aetna Casualty & Surety Company inadvertently left her fur coat in a taxicab driven by Cornell Henderson and bearing the name Jett Cab Company. The insured, upon being unable to locate the coat, telephoned Jett Cab Company and disclosed her loss. The coat was never recovered and Aetna paid its insured and filed this action pursuant to its subrogation interests.

Malcom, d/b/a Jett Cab Company, answered contending that Henderson was an independent contractor, subsequently moved for summary judgment and filed a supporting affidavit alleging that Henderson was…